Adverse Possession

The recent landmark judgement by the Honourable Supreme Court of India has sent ripples of concern among the Indian diaspora residing overseas. This groundbreaking ruling is based on the doctrine of Adverse Possession, a legal concept that has far-reaching implications for property owners. At AllNRICare, we recognize the significance of this judgment and its potential impact on NRIs’ property ownership rights.

The doctrine of Adverse Possession, as clarified by the Supreme Court, presents a crucial scenario for property owners. If a property owner does not take timely action to regain possession of their property from a caretaker or trespasser within Twelve years of their occupancy, Adverse Possession can legalize their occupation. This doctrine is now enshrined in Article 65 of the Limitation Act, opening new doors to property ownership acquisition.

The Supreme Court’s perspective emphasizes that continuous, uninterrupted possession of a property for over Twelve years can lead to the acquisition of ownership rights. This doctrine can serve as both a protective shield and a potent weapon. Those in possession can assert ownership rights over the property, defending their claim or pursuing a lawsuit for possession or declaration of title if dispossessed.

NRIs, often entrusting their properties to relatives or friends due to infrequent visits to India, are particularly vulnerable to adverse possession claims. These informal arrangements, built on trust rather than legal documentation, can inadvertently expose them to the risks of property loss. With the doctrine of Adverse Possession gaining prominence, NRIs may find their properties subject to ownership claims by unscrupulous individuals.

Recognizing the urgency and potential consequences of this judgment, AllNRICare has launched a dedicated service to address Adverse Possession concerns. Our specialized service offers comprehensive advisory support, guiding clients through the necessary steps to prevent Adverse Possession implications. For situations where Adverse Possession claims have arisen but not reached the court, we offer remedial services to help clients assert their rightful ownership claims and secure their property rights. Moreover, our litigation expertise comes into play when matters have escalated and are already under legal scrutiny, ensuring that clients have a strong legal representation in cases involving Adverse Possession.

At AllNRICare, we understand the complexities and risks associated with property ownership for NRIs. With our Adverse Possession Protection Service, we provide a shield against the potential loss of property rights, offering strategic guidance, remediation, and litigation support tailored to your unique circumstances. Your properties in India deserve the best protection – ensure your ownership rights with AllNRICare’s Adverse Possession Protection Service today.